LAW WAI HAY v. LAW PO CHONG PRISCILLA, the administratrix of the estate of CHEUNG WAI FUN, Deceased

LAW WAI HAY v. LAW PO CHONG PRISCILLA, the administratrix of the estate of CHEUNG WAI FUN, Deceased

The defendant was removed as administratrix and her letters of administration revoked because she repeatedly failed to comply with the 2014 court order to render a proper estate account, unreasonably delayed administration (including retaining significant sale proceeds), acted in circumstances of conflict of interest and with want of honesty and propriety, thereby preventing due and proper administration; the plaintiff was appointed administrator and the defendant ordered to deliver inventories, supporting documents and assets within specified time and to pay costs personally on an indemnity basis.

Citation
[2021] HKCFI 3017
Parties
Plaintiff/beneficiary: Law Wai Hay; Defendant; Administratrix of the Estate of Cheung Wai Fun (deceased): Law Po Chong Priscilla
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 October 2021
Case Number
HCMP1494/2019
Procedural Posture
Probate and Administration (application to Remove Administratrix and Revoke Letters of Administration) / Judgment (application for Removal and Revocation)
Outcome
Letters of Administration granted to the defendant revoked; defendant removed as administratrix; plaintiff appointed administrator; defendant ordered to deliver inventories, accounts, documents and all estate assets and permitted originals to the plaintiff; fresh grant to issue to plaintiff upon compliance;...
Legal Topics
Removal of Administrator, Revocation of Letters of Administration, Estate Accounting and Disclosure, Conflict of Interest, Delay and Contempt of Court Orders, Costs (personal Indemnity)
Source Language
EN
Probate Administration of Estates Civil Procedure Equity Removal of Administrator Revocation of Letters of Administration Estate Accounting and Disclosure Conflict of Interest +2 more

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Parties

Law Wai Hay

Plaintiff/beneficiary

Law Po Chong Priscilla

Defendant; Administratrix of the Estate of Cheung Wai Fun (deceased)

Procedural Posture

Probate and Administration (application to Remove Administratrix and Revoke Letters of Administration) / Judgment (application for Removal and Revocation)

Legal Issues

  1. 1 Whether the administratrix should be removed under s33(3) PAO
  2. 2 Whether the existing grant of letters of administration should be revoked
  3. 3 Whether the administratrix breached duties to render full estate accounts under s56 PAO

Ratio Decidendi

The defendant was removed as administratrix and her letters of administration revoked because she repeatedly failed to comply with the 2014 court order to render a proper estate account, unreasonably delayed administration (including retaining significant sale proceeds), acted in circumstances of conflict of interest and with want of honesty and propriety, thereby preventing due and proper administration; the plaintiff was appointed administrator and the defendant ordered to deliver inventories, supporting documents and assets within specified time and to pay costs personally on an indemnity basis.

Court Disposition

Letters of Administration granted to the defendant revoked; defendant removed as administratrix; plaintiff appointed administrator; defendant ordered to deliver inventories, accounts, documents and all estate assets and permitted originals to the plaintiff; fresh grant to issue to plaintiff upon compliance;...

Orders

  • Revoke the Letters of Administration (Grant No HCAG 011013/2012 and all other grants, if any) in respect of the Estate of the Deceased granted to the defendant.
  • Remove the defendant as the Administratrix of the Estate and appoint the plaintiff as administrator in her place.